Tony Mokbel, a notorious gangland figure, appeared in court recently with a smile and a wink at supporters while his legal team argued for his release after nearly two decades in prison. The 59-year-old is serving a 26-year sentence for drug trafficking, specifically MDMA and methamphetamine, having pleaded guilty in 2012 following a deal with prosecutors.
He arrived at the Court of Appeal in an armoured BearCat vehicle, escorted by members of the Special Operations Group. Dressed in a black suit and blue tie, Mokbel interacted with his supporters in the gallery as he made his way to the dock.
Mokbel’s current appeal is tied to significant issues surrounding his original convictions, particularly his representation by Nicola Gobbo, known as ‘Lawyer X’, who was covertly acting as an informer for the police without his knowledge. His barrister, Julie Condon KC, presented several compelling reasons for his appeal, including his deteriorating health and the lengthy duration of his incarceration.
Condon outlined seven exceptional circumstances that she believes justify granting Mokbel bail during the appeal process. She highlighted that Mokbel’s non-parole period suggests he could remain in custody until 2031, despite having served a considerable portion of his sentence by the time of the appeal’s hearing, which is anticipated before the end of the year.
A previous judgment from Justice Elizabeth Fullerton was cited, which condemned the police’s use of Gobbo as an informer while she was representing Mokbel, calling it a perversion of justice. Fullerton noted that police had teamed up with Gobbo in a “joint criminal enterprise” that adversely affected Mokbel’s legal standing, pointing out the absence of legal advice when she was registered as an informer.
Gobbo was actively advising Mokbel before he fled to Greece in 2006 and continued to do so during his extradition to Australia in 2008. Mokbel remained unaware of her dual role until the High Court lifted gag orders in 2018.
The court proceedings, presided over by Justices Karin Emerton, Robert Osborn, and Jane Dixon, are ongoing as Mokbel seeks to challenge the legitimacy of his past convictions.